UPG 194 Pty Ltd v Liverpool City Council [2023] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 194 Pty Ltd v Liverpool City Council [2023] NSWLEC 1238 Hearing dates: Conciliation conference on 23 February 2023; 14 March 2023; 5 & 18 April 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant's clause 4.6 written request dated 14 April 2023 to vary clause 4.1B of the State Environmental Planning Policy (Precincts – Western Parkland City) 2021 – Appendix 4 is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application No. DA-188/2022, as amended, for the subdivision of land into two (2) x superlots, demolition of existing structures, construction of public road, drainage works and associated site works on land legally described as Lot 416 in DP2475 and known as 420 Fifteenth Avenue, Austral, NSW, 2179, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.65 (current); Ch 9, Pt 9.2 (repealed) State Environmental Planning Policy (Precincts – Western Parkland City) 2021, s 1.4; Appendix cll 2.3, 2.6, 2.7, 4.1AB, 4.1B, 4.6, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (repealed) Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Liverpool Community Participation Plan Liverpool Growth Centres Precinct Development Control Plan 2021 Category: Principal judgment Parties: UPG 194 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Applicant) C Campbell (Respondent)